Civil litigation
Brownlie v Four Seasons Cairo (Nile Plaza) llc — [2020] WLR(D) 468
PRACTICE — Claim form — Service out of jurisdiction — Claimant injured and her husband killed in motor accident in Egypt — Claimant bringing claims in tort for damages for personal injuries, loss of dependency and loss to husband’s estate — Claimant obtaining permission to serve claim out of jurisdiction — Whether “damage” in provisions creating jurisdictional gateways to serving claim form out of jurisdiction including consequential loss — Whether presumption applying that foreign law taken to be same as English law — Whether burden on claimant to plead content of foreign law before defendant — Whether claim rightly permitted to be served out of jurisdiction — CPR Pt 6 Practice Direction 6B, para 3.1(6)(9)
Read more...
Civil litigation
Gubarev v Orbis Business Intelligence Ltd — [2020] WLR(D) 464
PRACTICE — Civil proceedings — Covid-19 — Order restricting presence at court hearing to specified individuals with transcripts and live video feed to be provided to press and public in second courtroom by specified non-court service provider — Responsibility for arranging live feed lying with claimants — Link for live feed received by other individuals outside jurisdiction — Consideration of sanction for breach of court order — Criminal Justice Act 1925 (15 & 16 Geo 5, c 86)), s 41 (as amended by Courts Act 1971 (c 23), Sch 11, Pt IV, Criminal Justice Act 1982 (c 48), s 46, Constitutional Reform Act 2005 (c 4), s 47(1) and Crime and Courts Act 2013 (c 22), s 32(7)) — Contempt of Court Act 1981 (c 49), s 9 (as amended by Crime and Courts Act 2013 (c 22), ss 31, 32(8))
Read more...
Civil litigation
Abaidildinov v Amin — [2020] WLR(D) 466
PRACTICE — Summary judgment — Declaratory relief — Claimants applying for summary judgment in respect of claim for declarations — Correct test to be applied on summary judgment application where relief in form of declaration — Whether declarations to be made — CPR r 24.2
Read more...
Commercial
Taylor v Van Dutch Marine Holding Ltd — [2020] Bus LR 1486
CONTRACT — Agency — Undisclosed — Claimant obtaining default judgment in claim for breach of contract and misrepresentation — Judgment not satisfied — Claimant joining undisclosed principals to claim — Whether default judgment against agent barring action against undisclosed principals for breach of contract and/or in misrepresentation
Read more...
Commercial
In re North Point Global Ltd — [2020] WLR(D) 470
INSOLVENCY — Voluntary arrangement — Approval of creditors — Company’s creditors approving company voluntary arrangement — Creditor wound up and joint liquidators appointed after approval of voluntary arrangement — Joint liquidators submitting proof of preference claim in voluntary arrangement — Whether joint liquidators “creditors” — Whether bound by and able to participate in company voluntary arrangement — Whether contingent preference claim provable debt within company voluntary arrangement — Insolvency Act 1986 (c 45) (as amended by Insolvency Act 2000 (c 39), Sch 2, para 6 and Small Business, Enterprise and Employment Act 2015 (c 26), Sch 9, para 6), s 5(2)(b)
Read more...
Crime
Bain v The Queen — [2020] 4 WLR 104
THE BAHAMAS — Crime — Practice — Defendant dispensing with legal representation — Guidance on whether to allow trial to continue
Read more...
Crime
R v Horne (Joshua) — [2020] 4 WLR 103
CRIME — Conspiracy — Conspiracy to pervert course of justice — Defendant and co-accused charged with conspiracy to pervert course of justice — Co-defendant pleading guilty on first day of trial — Judge acceding to Crown’s request to admit co-accused’s guilty plea but seeking to limit evidential impact of admission in directions to jury — Defendant convicted of conspiracy charge — Whether admission of guilty plea of co-defendant in closed conspiracy rendering defendant’s trial unfair — Police and Criminal Evidence Act 1984 (c 60), s 74(1) (as amended by Criminal Justice Act 2003 (c 44), s 331, Sch 36, para 85(2) and Coroners and Justice Act 2009 (c 25), ss 144, 182, Sch 17, para 14(2)) — Criminal Law Act 1977 (c 45), s 1 (as substituted by Criminal Attempts Act 1981 (c 47), s 5(1))
Read more...
Crime
R v Andrewes (Jon) — [2020] WLR(D) 465
CRIME — Sentence — Confiscation order — Defendant obtaining well paid posts by making false statements as to educational qualifications and relevant experience — Defendant giving full value in terms of service provided — Defendant pleading guilty to obtaining a pecuniary advantage by deception and fraud by false representation — Whether disproportionate to make confiscation order — Matters to be taken into account when assessing whether imposition of confiscation order disproportionate — Proceeds of Crime Act 2002 (c 29), s 6(5)
Read more...
Employment
Walker v Co-Operative Group Ltd — [2020] WLR(D) 476
DISCRIMINATION — Sex — Equal pay — Claimant differentiated from comparators by material factors when pay set in 2014 — New job evaluation scheme rating claimant’s role higher than comparators — Claimant making equal pay and sex discrimination claims — Whether material factors still existing — Proper approach to equal pay claim — Equality Act 2010, ss 64–66,69
Read more...
European Union
R (Certain Underwriters at Lloyds of London) v HM Treasury — [2020] WLR(D) 475
EUROPEAN UNION — External relations — Common foreign and security policy — Funds owned by Syrian state and its agents frozen in accordance with sanctions imposed under European Union law — Claimants obtaining judgment against Syrian state and agents — Claimants intending to ask United Kingdom Government to release frozen funds to satisfy judgment — Claimants making freedom of information request to Treasury for information about location and details of frozen funds — Treasury refusing request on ground that information not permitted to be released for such purpose — Whether misconstruing relevant EU law — Council Regulation (EU) No 36/2012, arts 14, 18(1), 29
Read more...
Family
Newman v Southampton County Council — [2020] WLR(D) 473
CONFIDENTIAL INFORMATION — Disclosure — Access to court file — Journalist seeking disclosure of material relating to concluded care proceedings — Mother consenting to release of all documents — Whether mother able to consent on behalf of child — Whether consent determinative of issue of disclosure — Whether limited disclosure in redacted form appropriate — Whether interference with competing Convention rights proportionate — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 10
Read more...
Family
In re N (Children) — [2020] WLR(D) 472
CHILDREN — Care proceedings — Interim care order — Judge making order approving removal of three children from care of mother — Proper approach to granting short term stay to enable application to be considered by appeal court before order put into effect
Read more...
Family
In re B (A Child) — [2020] WLR(D) 471
CHILDREN — Custody rights — Breach — Judge making final order under Hague Child Abduction Convention for return of child wrongfully removed — Mother applying to judge to set aside her own order — Whether fundamental change of circumstance since return order made — Whether grave risk of child being placed in intolerable situation — Guidance as to court’s proper approach to applications to set aside return orders — Child Abduction and Custody Act 1985, Sch 1, art 13(b) — Family Procedure Rules (as amended by Family Procedure (Amendment) Rules 2020 (SI 2020/135), r 18), r 12.52A, Practice Direction 12F, para 4.1A
Read more...
Family
In re S-L (Children) — [2020] 4 WLR 102
CHILDREN — Care proceedings — Care and placement order — Judge approving local authority’s care plan for foster care of two children with no further assessment required — Different judge at final hearing adjourning local authority’s application contrary to professional advice and ordering further residential assessment — Whether adjournment proper — Whether procedural irregularity — Children Act 1989 (c 41), ss 1(2), 32
Read more...
Family
In re E (Children) — [2020] WLR(D) 463
EUROPEAN UNION — Judgment — Recognition and enforcement in other member states — Custody award made in Spain granting custody to father — Father applying to enforce Spanish orders in High Court — Mother bringing concurrent welfare application for order that children live with her — English court making child arrangements order in favour of mother — English court refusing recognition of Spanish order on basis irreconcilable with later judgment of English court — Whether court entitled to refuse recognition — Whether enforcement application having priority over domestic welfare application — Council Regulation (EC) No 2201/2003, art 23(e)
Read more...
Land law
Earl of Plymouth v Rees — [2020] 4 WLR 105
LANDLORD AND TENANT — Tenancy — Construction — Tenancy agreements reserving right of entry for landlords — Guidance as to correct approach to construing reservations in landlords’ favour
Read more...
Public law
R (Bridges) v Chief Constable of South Wales Police (Information Comr intervening) — [2020] WLR(D) 474
DATA PROTECTION — Personal data — Processing — Police force using automated facial recognition technology to identify persons of interest — Whether unlawfully interfering with Convention right to private life of members of public — Whether failure to carry out data protection impact assessment required under data protection legislation — Whether breach of public sector equality duty — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8 — Equality Act 2010 (c 15), s 149 — Data Protection Act 2018 (c 12), s 64
Read more...
Public law
Simawi v General Medical Council — [2020] WLR(D) 469
MEDICAL PRACTITIONER — Medical Practitioners Tribunal — Appeal — Practitioner seeking to appeal length of suspension imposed by tribunal and direction for review prior to expiry — Whether sanction appropriate — Whether freestanding right of appeal against review direction where appeal against suspension unsuccessful — Medical Act 1983 (c 54) (as amended by European Qualifications (Health and Social Care Professions) Regulations 2007 (SI 2007/3101), reg 21(a) and General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (SI 2015/794), arts 5, 16), ss 35D(2)(b)(4A), 40(1)
Read more...
Public law
Greenwich Royal London Borough Council v Oshin — [2020] PTSR 1351
HOUSING — Secure tenancy — Claim for possession — Tenant granted social housing having given untrue answers in application — Tenancy for larger property subsequently substituted — Local authority seeking possession for being induced to grant tenancy by false statements — Whether untrue answers capable of vitiating grant of second tenancy — Whether untrue answers “material” — Housing Act 1985 (c 68), s 84, Sch 2, ground 5
Read more...
Public law
R (McKeown) v Islington London Borough Council — [2020] PTSR 1319
HOUSING — Grant — Disabled facilities grant — Local housing authority refusing disabled claimant’s application for grant to construct platform lift from front garden to street level to facilitate access to home — Whether error of law in determining whether proposed works “necessary and appropriate to meet the needs of the disabled occupant” — Whether authority entitled to take into account suitability of dwelling — Housing Grants, Construction and Regeneration Act 1996 (c 53) (as amended by Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (SI 2002/1860), Sch 3, paras 7, 8, Sch 6, para 1), ss 23(1)(a), 24(1)(3)
Read more...
Public law
MOC v Secretary of State for Work and Pensions — [2020] PTSR 1337
SOCIAL SECURITY — Disability living allowance — Suspension — Vulnerable adult with severe disabilities admitted to hospital — Regulations requiring suspension of allowance after 28 days as inpatient in hospital — Whether unlawful discrimination in breach of Convention right on ground of “status” — Whether relevant status including severely disabled adult lacking capacity — Appropriate comparators — Whether hospitalisation rule manifestly without reasonable foundation — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1 — Social Security (Disability Living Allowance) Regulations 1991 (SI 1991/2890) (as amended by Social Security (Disability Living Allowance and Attendance Allowance) (Amendment) Regulations 1992 (SI 1992/2869), reg 4(2), Social Security (Disability Living Allowance and Claims and Payments) Amendment Regulations 1996 (SI 1996/1436), reg 2(2), Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Amendment) Regulations 2013 (SI 2013/389), reg 4(6)(10) and Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016 (SI 2016/556), reg 2), regs 8(1)(a), 12A(1)(a)
Read more...
Public law
R (Bailey) v St Albans City and District Council — [2020] PTSR 1270
PLANNING — Development — Permission — Planning officer granting permission for infill development on residential street — Claimant challenging decision on ground relevant local plan policy not applied consistently with comparable decisions — Whether consistency principle applying to decisions concerning different developments — Whether proper consideration given to emerging policy — Whether officer’s report flawed — Town and Country Planning Act 1990 (c 8), s 70(2) (as amended by Localism Act 2011 (c 20), s 143(2) and Housing and Planning Act 2016 (c 22), s 150, Sch 12, para 11(2)) — Planning and Compulsory Purchase Act 2004 (c 5), s 38(6)
Read more...
Public law
R (Independent Workers Union of Great Britain) v Mayor of London — [2020] WLR(D) 467
ROAD TRAFFIC — Motor vehicle — Congestion charge scheme — Mayor of London removing exemption from liability to pay congestion charge in central London from private hire vehicles except designated wheelchair-accessible vehicles — Whether unlawful discrimination against female or minority background drivers and disabled passengers — Whether decision unlawful — Whether measure proportionate means of achieving legitimate aim — Standard of scrutiny required in reviewing justification for measure — Equality Act 2010 (c 15), ss 19, 29(6)
Read more...
Trusts and Chancery
Practice Direction (Insolvency Proceedings) (revised 2020) — [2018] Bus LR 2358
INSOLVENCY — Practice — Proceedings — General rules relating to insolvency proceedings — Distribution of business — Commencement of insolvency proceedings and applications — Service of court documents — Drawing up of orders — Company insolvency — Administration — Winding up petitions and applications in winding up proceedings — Personal insolvency — Content, service and setting aside of statutory demands — Bankruptcy petitions and applications in bankruptcy proceedings — Orders not requiring attendance — Bankruptcy restrictions undertakings — Applications to limit disclosure of information where person in danger of violence — Appeals — Routes of appeal — Permission to appeal — Filing appeals — Information required for order under settlement finality Regulations — Remuneration of appointees — Unfair prejudice petitions, winding up orders and validation orders — Insolvency Act 1986 (c 45) — Corporate Insolvency and Governance Act 2020 (c 12) — Financial Markets and Insolvency (Settlement Finality) Regulations 1999 (SI 1999/2979), reg 22(1) — Insolvency (England and Wales) Rules 2016 (SI 2016/1024) — CPR Practice Direction 51O
Read more...
|
|
|
|
